Child Custody and Religion

Custody may not be denied to a party on the basis of his or her religious beliefs or practices without compelling evidence that the beliefs or practices will be harmful to the child. Marriage of Weiss (1996) 42 CAth 106, 109.

Further, a premarital agreement concerning FUTURE religious upbringing of children is not enforceable unless religious activity with the child is harmful to the child. Marriage of Urband, (1997) 68 CA3d 796.

A court may not enjoin noncustodial parent from discussing religion with child or involving child in religious activities absent showing of harm to the child. Marriage of Murga (1980) 103 CA3d 498.